Misthi Saha, Department of Law, University of Calcutta
“The most important public health lesson emerging from the HIV epidemic is that respecting and protecting the rights of those already exposed to HIV and those most at risk is the most effective way to curb the rapid spread of the epidemic.” ~Justice Michael Kirby, Australia
INTRODUCTION
There has been a lot of discussion on Right to privacy over the years and its application in various aspects. The decision in Mr. X v. Hospital Z is based on a unique subject wherein the Supreme Court of India has pronounced the landmark judgement discussing the right to privacy in relation to an HIV/ AIDS patients.
Privacy is the most valuable and significant of all human rights and this right to privacy is ensured as well as guaranteed by regional, national and international instruments. The right to privacy is multidimensional and includes several aspects such as privacy of a person, personal communications, personal data and territorial privacy. It not only helps developing one’s personality, integrity but also protects and upholds the dignity of a human being. The terms which are closely related to the term privacy are confidentiality and secrecy.
Respecting the privacy of another human being is something ought to be inherent in a human being. It is essential for the mental, spiritual and physical wellbeing of the individual. It secures to protect the relationships between individuals and a means to achieve greater goals in life such as respect, love, friendship and trust.
The paper discusses the application of the right to privacy in relation to the case Mr. X v. Hospital Z and the developments thereafter.
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